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(영문) 서울동부지방법원 2017.09.12 2017고정568
상해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the owner of the building in Gwangjin-gu Seoul Special Metropolitan City, and the victim D (50) is a tenant living in the above building.

On August 23, 2016, at around 18:00, when the wife of the defendant has a horse dispute with the victim due to parking problems in the underground parking lot of the above building, the defendant injured the victim by taking the victim's right shoulder with his/her right hand while carrying the time expenses, and thereby causing about three weeks of treatment.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court of this case, the Defendant suffered an injury necessary for the victim’s treatment for about three weeks by taking the victim’s right arms into consideration.

There is no evidence to acknowledge otherwise.

① The evidence corresponding to the facts charged in this case is that the statement of the victim is due, and the victim demands unreasonable amount of agreement after the instant case (the victim requested 18 million won from the investigative agency in the course of criminal conciliation. The conciliation committee also judged that the victim's demand was excessive, and the victim brought a civil lawsuit with the claim amount of KRW 19.5 million on January 23, 2017, and changed the claim amount of KRW 29.95 million on February 22, 2017). The victim submitted a written application and a written petition to the effect that the defendant who made the "quality A" reflects the defendant who made the request and who is arrested and detained to be punished by a sentence.

However, only one physical contact between the defendant and the victim (the victim was physically contacted with the defendant in this court only once).

A) The victim’s statement that the victim suffered damage requiring medical treatment for about three weeks is very lacking in credibility in itself.

② On the other hand, on February 14, 2017, the victim was at the investigative agency on February 14, 2017.

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